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HomeMy WebLinkAboutMinutes BZA 07-23-12 t ,, ,„T_Coq F o ' i ar { , el T1 S,l„...,:j, FOH1'ON(} OW' el'Nra A /NMANp! MINUTES Carmel Board of Zoning Appeals Regular Meeting Monday,July 23,2012 6:00 PM Council Chambers, Carmel City Hall Present: James Hawkins,President Kent Broach Ephraim Wilfong Earlene Plavchak,.absent Alan Potasnik, absent Connie Tingley, Recording Secretary Staff members in attendance: Alexia Donahue Wold,Planning Administrator Angie Conn, Planning Administrator Mike Hollibaugh, Director,Department of Community Services Legal Counsel: John Molitor Previous Minutes: On a motion made by Kent Broach and seconded by Ephraim Wilfong: The Minutes for the meeting dated June 25,2012 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Alexia Donahue Wold • Need to suspend BZA Rules of Procedure for Docket Nos. 12060013 V and 12060014 V, Abbey Taphouse for notification sign o Sign stated correct date, but wrong day of the week o Sign was corrected before ten days of the meeting, which meets State requirement for Public Notice Action: On a motion made by James Hawkins and seconded by Ephraim Wilfong: Rules would be suspended to hear Abbey Taphouse and with three members present to hear the petition and public comments, have other two members view the video, subject to their availability between now and next meeting August 27 and table Abbey Taphouse decision to the August 27,2012. MOTION CARRIED UNANIMOUSLY Legal Report: John Molitor O Nothing new to report on pending litigation for accessory building on the West side WWW.CARMEL.IN.GOV Page 1 of 17 (317)571-2417 Carmel Board of Zoning Appeals July 23, 2012 o Response is due August 7 to the plaintiff's motion for summary judgment o Will distribute response at next meeting o Will ask for Executive Session if there is anything to discuss 1-5. (V) Gray Oaks Subdivision. The applicant seeks the following development standards variance approvals: Docket No. 12060005 V ZO Chptr.7.04.03.A reduced front yard setbacks Docket No. 12060006 V ZO Chptr.7.04.03.B reduced side yard setbacks Docket No. 12060007 V ZO Chptr. 7.04.03.0 reduced aggregate side yard setbacks Docket No. 12060008 V ZO Chptr.7.04.03.E reduced lot widths Docket No. 12060009 V ZO Chptr.7.04.03.F increase in maximum lot coverage The site is located at 14336 and 14412 N Gray Road. The site is zoned R-1/Residential.The developer is asking for several lot standard variances to create Gray Oaks Subdivision. Filed by Jon Dobosiewicz of Nelson &Frankenberger on behalf of The Old Town Design Group, LLC. Present for the Petitioner: Jon Dobosiewicz, Nelson & Frankenberger; Justin Moffett, The Old Town Design Group; Dustin Myers, Crossroad Engineers; and Jim Shinaver, Nelson & Frankenberger Jon Dobosiewicz • Aerial of parcel shown o Approximately 23 acres zoned R-1/Residential o Currently three parcels with two single family homes and associated out buildings o Property is agricultural with majority of real estate planted in soybeans o Surrounded by single family homes to the east; Oakbrook Subdivision to the south; Stafford Place Subdivision under development to the west; and large single family homes and undeveloped tracts to the north fronting 146th Street • Propose to construct 41 lots, single family residential subdivision o Three approvals required • Primary Plat approval by the Plan Commission • Public Hearing for Primary Plat at Plan Commission July 17, 2012 o Presented three letters of support o Two neighbors spoke favorably o No remonstrance or unfavorable comments • Variances by this Board • Secondary Plat and construction plan approval by Carmel Department of Community Services and Carmel Engineering Department • Color rendering of site plan shown o Site design began with evaluation of existing site conditions, including topography, existing landscaping, surrounding uses and necessary vehicular access points • North side of site is low, necessitating drainage facilities in this location • Planned road connection existed into Stafford Place • One street access is proposed onto Gray Road for primary entrance • These conditions and existing trees led to proposed site design and primary plat • Density of 1.78 units per acre; below permitted 2.9 density; below 4 to 8 units supported by the Comprehensive Plan • Site landscaping in full compliance with standards in Zoning Ordinance Page 2 of 17 Carmel Board of Zoning Appeals July 23,2012 • Will consist of bufferyard plantings, street trees, common area plantings and individual lot landscaping • Street trees will line both sides of the streets within six-foot tree lawn proposed by Staff • Bufferyard along Oakbrook Subdivision on the south is twice the width required by Ordinance o Will be maintained as common area for coordinated maintenance of existing and proposed trees ▪ Overall plat incorporates thirty percent common area open space • Minimum Subdivision Control Ordinance standard is twenty percent • Concept lot landscape plan shown o In addition to significant landscaping in common areas and bufferyards, individual lots will be plentifully landscaped • Required individual lot landscaping is unique to this proposal as it is not required in Zoning Ordinance • Old Town Design Group has found unique niche in Old Town Carmel (rendering shown) o Smaller lots in Old Town Carmel do not accommodate larger,ranch homes, side-facing garage doors, and individuals seeking larger lots o Architectural design standards under Tab 8 in Packet ▪ As recommended by Staff, approval of variances would be subject to compliance with architectural design standards ▪ These standards incorporate and exceed standards typically recommended by Staff and are not a requirement of the Zoning Ordinance • Craftsman is intended style of architecture • Common elements will include prominent, large front porches, side-facing or recessed garages, in addition to trim detailing appropriate to Craftsman style • Larger front porches are recommended condition of Staff's approval of variance requests • All homes will be custom designed to meet the needs of individual buyers, in addition to complying with the architectural design standards • First variance is relief from front yard setback (concept plot plan shown) o Minimum 20 feet requested for more attractive streetscape internal to development and provide greater project open space o Homes will have larger front porches and greater visual connection to street that cannot be achieved with standard 35-foot setback (indicated on plot plan) • Second variance is side yard setbacks o Minimum 5-foot setback requested in place of current 10-foot setback o Homes will require utilization of side-load or recessed garages • Side-load garages require greater setback on one side of home to allow driveway accommodating maneuvering along the side of house • Third variance is for minimum 90-foot lot width o Underlying zoning requires 100 feet o This will provide greater project open space and enhance interior streetscape o This is 10-foot or ten percent adjustment for design goal • Fourth variance is for aggregate side yard setbacks Page 3 of 17 I` Carmel Board of Zoning Appeals July 23,2012 o Side-load or recessed garages will require larger area in side yard o Garage bay designs would lessen side yard setbacks to less than standard twenty feet o Requesting ten-foot side yard aggregate to accommodate forwarding facing recessed garages • Last variance would permit maximum lot coverage of forty-five percent in order to accommodate previously mentioned design aspects of proposed homes o Homes will have side-load or recessed front facing garages o Larger ranch home and driveway occupy more lot area than typical two-story home with front facing garage o Larger surface area required for driveway adjacent to home instead of in front of home o Additional square footage for ranch homes can only be accommodated by utilizing additional lot area o Seeking ten percent adjustment to accommodate design aspects • Copies of commitments to surrounding owners and five letters from surrounding property owners distributed to Board o Petitioner met approximately six months ago with some surrounding neighbors to review concept for Gray Oaks and solicit feedback • Concerns regarding proposed density at the time of 2.4 units per acre ® Preservation of existing trees along south property line o Met again with neighbors to review revised plans ▪ Commitments to surrounding owners are the result of that meeting and continued dialogue with neighbors • Letters of support from the neighbors are attached to the commitments Public in favor: Larry Smith, 5291 Woodfield Drive • Complementary to area • Stick built addition that will fit in with surrounding additions in the area Les Dillman, 14245 Oakbrook Court • Have met several times • Exceeded expectations for tree coverage and noise ordinance • Comfortable with written commitments Robert Giczewski,4865 Deer Ridge Drive South • Price range of homes compared to surrounding area? Rebuttal: Justin Moffett, Old Town Design Group, 1132 S. Rangeline Road • Anticipate homes to be customized to buyer's desire • Anticipate entry price around $500,000 with maximum of$650,000 • Architectural style fits urban lots; homes will be designed to fit more suburban residential lots o Will take concepts from homes in Old Town Carmel o Will be appropriate for proposed neighborhood Page 4 of 17 C a rmel B oa r d o f Zoning Appeals July 23,2012 Jon Dobosiewicz • Point of clarification to Staff's Condition #1 for forwarding facing garage doors that were recessed only for Docket No. 12060007 V which related to the aggregate side yard setback o That scenario would only apply to a maximum of one-third of the lots B Staff wanted to make sure that was not the prevalent garage m Prevalent garage will be side-load Public Hearing closed Department Report: Alexia Donahue Wold • As stated, Primary Plat was presented to Plan Commission o Now at Subdivision Committee for review • Proposed variances will allow for unique character for the subdivision o Side-load garages instead of front facing garages o Larger front porches o More attractive streetscape • Density is under the maximum permitted for R-1 District • Department supports the variances with three conditions o One: Garages side-loaded with any encroachment into aggregate side yard setback will only be for additional garage space. Some garages may be front-loaded provided they are set back a minimum of 15 feet behind the front line of the house m Agree with Petitioner that front-loaded garages be limited to one-third of the homes o Two: All homes will be constructed in accordance with the "Gray Oaks Architectural Design Standards" submitted as a part of this petition and all homes will have a front porch with a minimum depth of seven feet and a minimum area of 75 square feet o Three: Six-foot tree lawns provided along all streets in the subdivision m With reduced front yard, six feet will allow for better health of the trees, taller trees and create nicer streetscape • Do not feel there will be a negative impact on the surrounding area o Especially with large buffer provided for the neighbors on the south The Department recommended favorable consideration with three Conditions stated Discussion: • Petitioner agreed with three Conditions stated by the Department • Fourth Conditions added: o Four: Front loaded garages that encroach into the aggregate side yard, as related to Docket No. 12060007 V, will be limited to one-third of the homes in the subdivision m Other homes with front facing garages would need to be on larger lots with larger setbacks, not using reduced aggregate approved in Docket No. 12060007 V Motion: On a motion made by James Hawkins and seconded by Kent Broach: Docket Nos. 12060005 V through 12060009 V, Gray Oaks Subdivision be approved,for reduced front yard setbacks (20 feet); reduced side yard setbacks (5 feet); reduced aggregate side yard Page 5 of 17 Carmel Board of Zoning Appeals July 23, 2012 setbacks (10 feet); reduced lot widths (90 feet); and increase in maximum lot coverage (45 percent), with four Conditions stated above. MOTION CARRIED UNANIMOUSLY 6. (V) Abbey Taphouse. The applicant seeks the following development standards variance approvals: Docket No. 12060013 V ZO Chptr 23D.03.C.1.b.i Building addition in front yard setback Docket No. 12060014 V ZO Chptr 23D.03.C.h.i Parking in the front yard The site is located at 32 1St Avenue NE. The site is zoned B-1/Business within the Old Town Overlay, Character Sub-Area. Filed by Bruce Berry, BAB Associates on behalf of Kevin Paul. Mr. Hawkins reminded everyone they would go on with the public portion of the hearing. The vote will be tabled to the next meeting, subject to the two members' ability and willingness to view the video. Present for the Petitioner: Bruce Berry, BAB Associates and Kevin Paul, owner Bruce Berry • Rendering of proposed project shown • Site location map shown with surrounding businesses (PNC Bank, Ginkgo Tree, Woody's Library Restaurant, Old Town Shops and Arts & Design District) • Excited about craft brewery coming into Carmel Arts & Design District Kevin Paul • Carmel resident, partner in technology firm that employs 100 in Carmel, pub owner in Carmel • He and his wife have explored the opportunity to build another business focused on the artistry and craft aspect of brewing beer • Have seen local Taphouses in South Boston, Corktown in Eastside Detroit • Interested in new urbanism, traditional neighborhoods, pedestrian aspects of the community with the Monon, schools and Arts & Design District • Owns a late-night tavern/pub with hours to 3:00 a.m. o This is not designed to be that type of business • Brewing a couple times per week, this will be a micro-brewery with ten barrels or less o Production would be self-contained o Would be sold at his other pub and other restaurants and establishments o Would be craft and specialty beers,Belgian and German style beer • Higher cost and taste for palates ▪ Not a high volume • Will not have crowds for sporting events/football games • Proposed hours 11:00 a.m. to 11:00 p.m. weekdays, Friday/Saturday 12:00 or 12:30 a.m. o Private parties or receptions/wedding dinners may be later o Demographics do not support late night o More of an afternoon/dinner establishment • Design features are sensitive to the architecture in the neighborhood/residences and what a taphouse or pub would bring o Designed to accommodate and screen dumpsters o Screen some of the patrons Page 6 of 17 Carmel Board of Zoning Appeals July 23, 2012 o Make sure building and architecture is accommodating and complementary to area o Property is on demarcation line for business zoning o Variances make business southward facing, opposed to north or northeast • Will be a closed loop system, very advanced for as small as it is o Looking at two different production systems • Premier—front runner for small micro-brewery systems • Computer controlled • NSI—out of the northwest o Not necessarily a green facility, but one that optimizes water treatment and reverse osmosis and filters, waste programs, etc. Bruce Berry • Tavern is a permitted use in B-1/Business per the Zoning Ordinance o B-1, C-2 and B-2 districts and residential in area o Seems zoning map is blending businesses and residences to create true neighborhood • Located in Old Town Overlay, Character Sub-Area which has specific guidelines o Additions on front of building need to be more than 20 feet from setback line of nearest two neighbors o Parking is not allowed in any front yard, except in driveway leading to garage o Corner lots have two front yards for residential use • Ordinance: "A corner lot for a residential use is presumed to have a front yard setback on both streets. For non-residential use, the front yard shall be Rangeline Road, if the property is located on Rangeline Road, (which they are not) or the street with the greatest traffic." • Street front determination has not been made, so they are seeking variances to offer the most flexibility to their design o Showed original site plan when daycare occupied building o Carport in south front yard o Part of pavement now gone o Had parked up to edge of property line when it served as daycare o Not proposing any parking that had not been done before at this site o Showed different parking schemes • Tried to observe 15-foot front yard setback; ended with asphalt covering site • One plan showed seven spaces • One-way scheme with two curb cuts netted 8 spaces • Maximizing the site provided 16 spaces • Proposed scheme showed pull-in spaces on 1st Street NE and parallel park along 1st Avenue NE • 10 spaces and some greenspace for outdoor eating/drinking area • Ordinance states: "a tavern or nightclub is figured at one space per 100 square feet of floor area for parking" • Character Sub Area indicates: "The parking spaces can be reduced by 50 percent in order to accommodate a difficult site condition." Final proposed scheme with straight edge along 1st Avenue NE proposed by Carmel Engineering Department • Eleven spaces Page 7 of 17 Carmel Board of Zoning Appeals July 23,2012 o Building size • Addition would house the brewery portion, with no patrons • First floor is 1100 square feet • Second floor with slope of roof is about 575 square feet of usable space • Total 1675 total square feet for patron • Reducing by 50 percent would be nine parking spaces required O Plan has eleven parking spaces • Rendering shown with angled parking spaces o Rendering shown of patio area o Public parking areas shown and proximity to Taphouse • Sophia Lofts on Main Street—2 blocks • Public parking behind nearby businesses and Old Town Shops — 1 block • Addition will go in place of current carport in front yard o Brewery portion with big windows to feature the tanks on 1s` Street NE o Outdoor patio facing 1St Avenue NE o Working grain elevator will house some of the grains for brewing process • Closed systems will control smells to a minimum • Landscape plan has received favorable approval from Daren Mindham, Urban Forester O They feel façade blends with existing residences and commercial buildings • They cannot compare their front yard setback to the neighbors' properties o Both neighbors face other streets o They do not feel this is a bad addition toward the commercial side o Bank is close to sidewalk o Location of addition indicated on rendering • Close to sidewalk, more of a commercial situation • That keeps brewing function away from the residences O Several residences are zoned B-1/Business • Signage has been worked out with Rachel Boone o All criteria met O On Plan Commission Special Studies August 7, 2012 agenda for ADLS Amend Public in favor: David Leazenby, 664 2nd Avenue NE, 4-5 blocks north of site O Great use in the neighborhood • Familiar with City Ordinance from re-platting and building his home o Lots of the Ordinances written for the purpose of residential o Stumbling block dealing with residential code in applying for commercial use O Felt this was analyzed and presented well O Concerned about proposal from City Engineer to straighten street, eliminating cut-away at corner o Felt there was more merit to the 10-sapce parking plan o Not reconfiguring a public street • Feels setbacks are minor to accomplish business in Old Town O Much work done in the last ten years to create standards and ordinances to encourage this type of investment in the neighborhood 0 Ordinances on Old Town are not perfect Page 8 of 17 Carmel Board of Zoning Appeals July 23, 2012 • o Businesses next to residences for a long time Bigger discussion among neighbors needs to happen to make any change o Allows flexibility and opportunity Justin Keeling,621 2nd Avenue NE o Would welcome microbrewery to area o This would be first one in Carmel o Only one other one in Hamilton County ® His concerns are with parking and hours of operation o Good addition to neighborhood Scott Bradford, 105 1s` Street NE, across the street at Ginkgo Tree ® Great concept o Biggest concern is parking and changing street structure o When Ginkgo was established years ago, had to go through extreme things for parking o Ginkgo has street parking only o Concerned with manipulation of public street o In favor of utilizing space for parking • Trying to keep as much parking on the property o Proposed reconstruction of straightening out the street would narrow street for their parking along the opposed curb • • Narrowing street would make it almost impossible for street parking • Currently street-side parking on both sides o Would both sides street parking.still work after straightening street? o New intersection would jeopardize their existing parking with parking across the street o When site was used by daycare, most of parcel was used for parking o That parking has been removed and seeded with grass o Some of the other concepts might be more favorable to the area • Extreme parking problems in area a Lots of weekend events, street marathons, etc. that already create traffic problems • Changing the intersection and bumping some parking onto the street will put more cars in the area during these events • Emergency vehicles coming and going • Reconfiguring intersection will cause problems O Great concept for area that would be welcomed Mr.Hawkins reminded everyone to relate any comments to the dockets,not the zoning for the brew pub. Public opposed: Hilda Hadley, 140 ls` Ave NW o Traffic/parking problems not only for special downtown events, but also weekends and some week nights and afternoons o Often impossible to park in front of her house o Garage is off 2nd Street NW Page 9 of 17 Carmel Board of Zoning Appeals July 23,2012 • That street is often full of parked cars o ls` Avenue NW is wider than the northeast side • With cars parked on both sides, it is dangerous to drive across et Avenue NW • Not advisable to park in front of their homes • Need to shuttle guests from the high school parking lot • Why is this listed on ls` Avenue when it obviously faces 2nd Street o There is enough confusion in downtown with streets and avenues • The building was moved from Main Street o It continued to be a doctor's office and then daycare • Neither required large or long-term parking • A successful food and drink establishment will need adequate parking o The lot does not provide that o How many people will be in the building? o Patrons will park on all streets and avenues in the residential areas on the northeast and possible southeast sides • Residents do not use garages or garages are full • Traffic and parking problems are paramount Rosalie Lavelle, 621 1St Avenue NE • This is-a residential neighborhood o Previous businesses were a doctor's office and a daycare center o Noise from a brew pub and increased pedestrian and vehicular traffic would negatively impact quality of life for residents in area o Hours of business was not answered at last Plan Commission meeting • Hours for closing for some brew pubs in other areas were 1:00 a.m. • This one clarified it would be no later than 12:30 a.m. • Establishment of brew pub could negatively impact property values of surrounding properties o In the future it could be impossible for some to sell their homes o She would be afraid they would turn into rentals • Odor of the hops o Told smell in parking lot of Sun King Brewery downtown Indianapolis is quite offensive o Described to her as smelling like old, dirty socks • Parking issue is big problem o Eleven parking spaces were mentioned at the Plan Commission meeting on July 17th o Were told there would be 15 patrons upstairs and 15 patrons downstairs, fulfilling Carmel Ordinances • They did not mention outdoor beer garden • The beer garden shows six tables with four chairs each and five tables with two chairs each, equally an additional 34 patrons • Could account for 64 patrons on a busy night • She could not see if there are tables and chairs under awning on north side of property • This does not count employees o There are eleven businesses on Main Street selling alcohol and Payless Liquor Store on Rangeline Road, a brewery scheduled to open in Mohawk Plaza on Rangeline as well as the Crush and Brew to be open soon at ls` Street SW and 1St Avenue SW. Page 10 of 17 Carmel Board of Zoning Appeals July 23, 2012 o Proposed factory-style building does not conform with any other building in the area o Do they want this area to turn into another Broad Ripple? 1. • All family-friendly businesses were run out of Broad Ripple many years ago and replaced by bars and restaurants serving alcohol • Surrounding residential area where they lived for 32 years has seen a marked increase in robberies, rapes and one murder • Now Broad Ripple is very shabby and unkempt • The residential section of Old Town is family friendly o Surge of new homes being built in last five years o Many children live in the area o Should make sure it maintains a family-friendly, safe atmosphere where people feel eager to raise children and walk the street freely at night o Pub will be located down the street from Carmel High School e Would you truly like this to be in your neighborhood? Kevin Lavelle, 621 1st Avenue NE o B-1 zoning is classified as light commercial or office use o Detailed listing of B-1 is in the Carmel Zoning Ordinance o Type of use closest to this use would be tavern and nightclubs which are permitted o This is a production facility • Taking raw materials and producing beer/alcohol as a finished product • Owner plans to sell to other facilities, making it a production site • Not the same as a tavern • Similar to an ethanol plant that produces ethanol from corn o Zoning Ordinance in Chapter 27 states the amount of parking required for various projects o There is no example for beer production, so he used a tavern • Required number of parking spaces for tavern is one space per 100 square feet of floor area • From drawing provided,floor area is 1100 square feet on first floor and over 600 square feet on second floor o That excludes floor space for brewery o Patrons will be seated outdoors as well in approximately 3000 square feet o Making combined area of 4700 square feet requiring 47 parking spaces o Grain bin will be 23 feet tall for outdoor storage o Ordinances stipulate that outdoor storage shall have a solid wall/fence no less than six feet in height to screen from adjacent residential properties and public right-of-way o Ordinance further states that items behind the fence shall be stacked no higher than one foot below the top of the fence o There is no fence and grain bin will be 23 feet high • Clearly visible from residential neighborhoods and anyone passing by ® Extending the southeast corner of the lot along 1st Avenue will take away 25 feet of 1st Avenue at the base along 1st Street o For travelers going north/south on ls` Avenue, it will require a right turn and then immediate left turn after traveling twenty feet • Compromise cars and large emergency vehicles traversing north/south Page 11 of 17 Carmel Board of Zoning Appeals July 23,2012 Gary McCarty, 120 1st Avenue NE, north bordering property • Concerned with parking, design, noise pollution, light pollution, delivery of supplies, delivery for sale of product, removal of trash, creation of two three-way stops on a main thoroughfare going from Rangeline Road to the high school for any high school event throughout the year o High school events are not only going to and from school for teachers, buses, students, parents, but also at night when leaving functions and/or sporting events o New three-way stop will create an interesting dynamic • Four-way stop is blown all the time as witnessed from his kitchen which is a higher elevation than subject property • Seven-foot pole with lights for outside will be just about his kitchen and dining room height, projecting into his house o Assumes lights will be on dusk to dawn for security for tables, chairs, etc. in proposed outdoor seating o Opens a Pandora's box in an Overlay they've worked hard on since late 1990's • He has been in a residence zoned business since 1987 • He watched a van and three cars park in the area for the daycare o They have boundary trees hanging over the property • If they are removed, he would lose shade • He owns half of the trees • Removal needs his approval on boundary trees setting on the survey line o Any approvals for these variances opens a Pandora's box that is going to step into some other areas • Not that he opposes the concept • He would be opposed to an insurance agency proposing the same changes, parking and street changes • During Fourth of July, emergency vehicles could not get close enough to the people experiencing heat exhaustion • They had to park around the bank and push the carts to get the people with heat exhaustion and then take them around to the Library • A business going in that area relies on street parking • People not willing to park blocks away from destination • Easier to park in Sophia's garage and go to closer establishments • Doesn't make sense to rely on free public parking • First parts of Overlay talk about trying to keep the neighborhood with Old Town characteristics o His house was built in 1920's o This building newer and different design o Changing front yard setbacks is a concern Bill Greenwood, 311 5th Street NE • Many of the same concerns • His rental property at 128 1st Street NW continually has complaints from tenants regarding things that go on downtown and new Keystone building o Traffic issues with delivery and moving trucks o Disrespect of neighboring properties Page 12 of 17 Carmel Board of Zoning Appeals July 23,2012 Eric Seidensticker, City Council member, Central Region • Small business owner himself • Great idea with its place in the area o This is a fringe/transition area o Variances are to benefit the business owner and the surrounding residences II Not have devaluation on their properties • Garners greater evaluation by Board o Parking can have a negative impact • Mr. Berry stated they are permitted to reduce number of parking spaces by fifty percent • It also says you do not have to reduce the number o 30 occupants inside and another 30+ on the outside should inflate parking requirement o Parking has always been an issue in the Old Town area with regard to Arts & Design District • Another negative impact of greater number of cars coming to area is impact on other restaurants o If someone parks a great distance away from this fringe area, they may find another place to go • Felt Overlay would permit later hours of operation o 1:00-3:00 a.m. are late hours for a transition parcel • Realigning the streets causes confusion o Off-set four-way stops cause confusion with some motorists o Overall benefit to surrounding area if street is aligned/straightened, front yard setback will be reduced for proposed brewery addition. • Technology will be used to keep smells to minimum o Could have negative impact on residents • Need to focus on variances which are needed to operate the business o Negative impact to surrounding area (residents and existing business owners) by approving variances would not be in best interest of this Board Ron Carter, City Council member, At Large • Agrees with most of items mentioned by Mr. Seidensticker • He was past president of Redevelopment Commission o One goal was to make sure property values went up in Old Town area • Over time values have gone up ® One developer told him residential lots had gone up to $120,000 o He had talked to Mr. Paul regarding a brew pub about a year ago. • Felt it was good for Old Town area • It would help with overall mix of businesses ® He did not know this was the property Mr. Paul was considering • Would have told him it was not an appropriate property • Not appropriate size to take care of parking, traffic, etc. • No one mentioned table turns for 30 patrons o Could be a lot more people o Only 30 people per night is not viable business o Means more traffic and cars changing in parking spaces, etc. • Not appropriate project for that parcel Page 13 of 17 Carmel Board of Zoning Appeals July 23, 2012 o Transitional piece of land o Does not want to see it affected that heavily by movement, odor, noise, deliveries, lighting, etc. o Would be better a block south or block west o Should be in the Arts & Design commercial district rather than residential district o Many commercial areas in north Old Town are turning back into residences • Desirable so as not to have empty area north of Main StreetlRangeline intersection • Want to continue to have families in that area • He saw no commitments with regard to business plans o Music outside o Could change hours • Encourage them to locate to a more appropriate district that does not call for compromise on size of building and parking Alvin Givens. 359 3rd Avenue NE • New resident who bought in to Old Town and Arts & Design District o Built new home in Blackwell near high school o Lived in Carmel twelve years o Kids active in Carmel Dad's Club and high school o Very attractive community o Opted to move to downtown Carmel, not downtown Indianapolis where they work • Used to live in Broad Ripple area • Enjoyed that but found Carmel to be more attractive and civilized with better offerings for their time of life • Shocked to see B-1 on 1St Avenue NE o Value in creation of neighborhoods o Neighborhood would be regular customers of businesses • Continuing to build in northeast quadrant will ruin character of neighborhood o It will not create regular patrons o He eats and uses all the services in downtown Carmel Peggy Baker, 121 1st Street NE,fifty feet from project • Parking issues o 1St Street NE east from stop sign to high school is 19 feet wide with allowed parking only on the north side • During the day there are times with parking on lst Street NE she cannot get out of her driveway unless she drives over her yard or sidewalks • Grown up on Carmel and lived in neighborhood twenty years o Not an appropriate lot for this type of business • It is a wonderful business • Carmel needs people from surrounding communities to come in and do this • Her back door faces Woody's Library Restaurant back door Page 14 of 17 Carmel Board of Zoning Appeals July 23,2012 o When outdoor area added, the blaring music was so bad she cannot sit in her back yard • Cannot open her windows at night because of noise at 3:30 a.m. when dumping bottles into outside trash receptacles o In past years, 1st Street to the high school was a direct cut for buses ▪ One bus would blow her out of bed every morning at 7:00-7:30 a.m. o She di. not want noise and parking to get any worse o With noise and parking she does not think this is a good fit ® Buses and cars to do not stop at the four-way stop ® If intersection is straightened, someone will be hurt ® She does not want to see a lot of parking spaces at this tiny lot ® She does not want any more parking.in front of her driveway because she cannot back out if there is a car immediately on other side of street Regina Greenwood, 311 5th Street NE • Big issues is parking o People who do not live in the neighborhood and deal with it every day do not know the parking situation ▪ They live there and travel the roads everyday ® She was glad when they closed 5th Street o Kids driving on 2nd Avenue NE blow through stop sign • Son involved in accident in front of their house More trouble than their little area needs Margaret Dolen,421 lst Avenue NE, lived in Carmel since 1960 • Opposed to this project at this location • Parking is main concern o What has been proposed is not sufficient for patrons and employees for any business that might have a large number of patrons • Would like to see area remain as it is with mostly residential _ o Concerned about odor of the brewing o Possible noise from beer garden with outside music Rebuttal: Bruce Berry • Site scheme with existing street shown o They are also supportive of that scheme as well o They would be happy to make that point to City Engineer o He felt the traffic would flow better o They like the parking being 90 degrees off 1st Street so people can go both directions • They are not trying to hide the amount of people they expect to serve o Anticipate up to 45 people on first floor and 30 on second floor o Emotional issues —they will not cause Broad Ripple cataclysm • There has been discussion regarding the address o They are working with Mr. Akers to come to the correct address o Address has not been right for a while • Page 15 of 17 Carmel Board of Zoning Appeals July 23,2012 • Of the 11 businesses selling alcohol in the area, none are an actual brew pub o There are a couple planned o Currently there are none that will serve the same function as Abbey Taphouse o Likened to the production of ethanol is a bit extreme • System will be completely enclosed, state of the art system • Like Three Wise Men • Not smell any different • Broad Ripple Brew Pub operates close to residences • They are willing to reduce height of grain silo o Do not know actual capacity they need at this point o Want it to be a feature, that's why it is elevated o Silo is front and center at Three Wise Men signifying actual brew pub o Silo at Triton is not operational, strictly decorative o Abbey Taphouse silo would be operational o Willing to reduce height based on capacity needed • Concerns about lights and trash o Hoped to address at Plan Commission meeting July 17`h o Planning to address at committee meeting • Indicated location of trash dumpster off alley • Cold storage cooler screened within 6-foot fence • Desired higher fence would have required another variance • Willing to pursue • Trying to adhere to Ordinance for lighting and height of poles • Seven feet is dictated by Ordinance • Not their desire to be eyesore to Mr. McCarty • Do not desire to remove trees on property line o Only trimming on their side to install fence o Good neighbor policy to maintain their side • Cannot affect high school traffic • Deliveries would take place in public alley o Alley has been usurped by residences as part of their property o No desire to force alley to be open all the way through o Ramp would go to basement to take deliveries o Hours would be accommodating to neighbors • Mr. Seidensticker mentioned this is fringe area o With fringe areas come some disagreements on how to use them o Not trying to be insensitive to anybody's desires o Feel that based on use and design, they can be a good neighbor o Cannot move two blocks south if property is not available • Have looked over one year for sufficient property • Mr. Paul wants to buy the property, not lease the property • Union Brewing Company is going into leased space • This place has been available a couple years • Owner is trying to get commercial property value • All properties zoned B-1 can appreciate that commercial property is much higher in value than residential property Page 16 of 17 Carmel Board of Zoning Appeals July 23,2012 • He did not feel it would force property values down • They have worked with Staff o This may be a surprise to the residents, but not to the City • Some of the parking not being on site is viable o There are places to park and walk, making it part of the experience o Willing to make sure employees park off site o All parking spots would be available for patrons Mr. Hawkins suggested they meet with the neighborhood and the Department to discuss alternative parking plans. Action: Per previous motion, Docket Nos. 12060013 V and 12060014 V, Abbey Taphouse tabled to August 27, 2012 meeting. Adjournment Motion: On a motion made by Ephraim Wilfong and seconded by James Hawkins: The Meeting be adjourned. MOTION CARRIED UNANIMOUSLY The meeting adjourned at 7:55 PM. Approved this 71)11 day of A.,w -t 5 ' 20 1`Z. 0 i Pr i ent-James R. Haw ins Secretary - Al i`ingley • Filename:20120723.doc Page 17 of 17